Landlord claiming damages I did not cause

Pinktavia · 19 April 2017 at 3:21PM

Hi all

From May 2013 until February 2017 I was unofficially renting a house. When I was there I was also paying my landlord the water rates and council tax and he'd pay the bills.

About 18 months ago the bailiffs started calling for unpaid council tax which I advised landlord about. When they eventually said they'd be back in a few weeks to take my stuff I moved out. Since then he has been back and forth my parents house demanding money for damages.

Back in October 2015 the gas meter stopped working and although he kept promising to sort it he didn't. He now claims the boiler is broken because of this and wants payment to repair these. He wants money to replace the old mattress that was on the bed when I moved in, to repair damage a leak that I advised him of over two years ago has caused and lots more.
The total bill is over £3600.

I understand that renting off the books won't help my situation, but where do I stand legally? My parents want to pay him off (he said he'd accept £1500) but I've told him to take a hike and take me to court.

Any questions feel free to ask

Thanks in advance

Pinktavia

Arleen · 19 April 2017 at 3:25PM

What "unofficially renting a house" means?

Pinktavia · 19 April 2017 at 3:28PM

I was paying cash in hand and he wasn't declaring it. I did want to make it official after a year, but he wouldn't do it. Basically I didn't have a contract

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Money_maker · 19 April 2017 at 3:31PM

Maybe not one in writing but a contract existed if you were paying him and he has responsibilities as a landlord that he may not want to admit to in court such as gas safety cert etc.

PasturesNew · 19 April 2017 at 3:33PM

Let him take you to court .... £1 says he won't if he's doing it illegally... he'll just slink off.

G_M · 19 April 2017 at 3:34PM

Pinktavia wrote: »

Hi all

From May 2013 until February 2017 I was unofficially renting a house.
Means what?

If you paid rent, you were renting. You were a tenant. In what way 'unofficial'?

When I was there I was also paying my landlord the water rates and council tax and he'd pay the bills.
If the contract (verbal?) specified this, then that's what the contract was.

About 18 months ago the bailiffs started calling for unpaid council tax which I advised landlord about. When they eventually said they'd be back in a few weeks to take my stuff I moved out.
So far as the council were concerned, you were the occupant, so they will claim the CT off you. This debt will potentially follow you for 7 years.

Since I assume you had paid the CT to your landlord and he failed to pay the council, you will have to sue the landlord.

Since then he has been back and forth my parents house demanding money for damages.
OK - new topic......

Back in October 2015 the gas meter stopped working and although he kept promising to sort it he didn't.
1) had you reported the fault to him, in writing? Have you kept the letter? Did he acknowledge this in writing? Have you kept the letter?

2) did the LL arrange and give you valid annual Gas Safety Reports?
He now claims the boiler is broken because of this and wants payment to repair these.
Refer him to your letter.
He wants money to replace the old mattress that was on the bed when I moved in,
On what grounds?
to repair damage a leak that I advised him of over two years ago has caused and lots more.
see comments above about reporting issues
The total bill is over £3600.

I understand that renting off the books won't help my situation,
Makes no difference
but where do I stand legally? My parents want to pay him off (he said he'd accept £1500) but I've told him to take a hike and take me to court.
Good for you

Any questions feel free to ask

Thanks in advance

Pinktavia

3) Did you pay him a deposit? Did he protect it?
4) You have a legal tenancy. - 'off the books' makes no difference, except that it improves your bargaining position. You could threaten to inform
* HMRC for tax evasion (assuming he is not declaring the rent)
* his mortgage lender (if any) for letting without consent (assuming not a BTLmortgage)
5) if you can show you reported the problems and he ignored them, he cannot claim off you (unless you DID cause damage eg to the mattress)
6) if he took a deposit ad failed to protect it, you could claim 3 times the deposit (see below)

Best advice is to ignore him - don't even answer. If/when you receive court papers, you
7) enter a defence
8) make a counter-claim for the council tax

* Deposits: payment, protection and return

Arleen · 19 April 2017 at 3:38PM

Worth adding that if he continues to harass you, or your parents - inform him that you do not wish to be visited/contacted and will call the police next time he does. And if he does call and report harassment.

If he wants any money he can go to court and admit to all the fun rules he broke.

macman · 19 April 2017 at 4:00PM

Can this guy be serious? Firstly, a broken gas meter cannot cause damage to a boiler. Secondly, a mattress that is at least 4 years old, or probably more, has zero value, even if you had damaged it. Thirdly, if you can prove that you reported the leak to him and he did nothing, then it is entirely his responsibility, along with doing inspections at least once a year.
The fact that he claims £3600 and then said he'd accept 'only' £1500 shows that he is just a chancer.
Remind him that he has committed a criminal offence by failing to provide annual GSC's, for which the penalty can be an unlimited fine or imprisonment (not to mention the tax evasion and possibly mortgage fraud), and to stop harassing you or your parents.
Don't pay him a penny, you'll need that money to clear your CT debt for potentially 5 years arrears. That cannot be paid by the LL, it is purely the tenant's debt. You also cannot be sure that he has paid the gas/electricity and water bills (no such thing as water rates for decades now), and unless you have evidence that he agreed to pay the utilities, you could be liable if they too are unpaid.
I'm guessing that you have nothing in writing, and that you paid him in cash? You most certainly had a legal contract-the problem is proving what was agreed in a verbal contract.

Pinktavia · 19 April 2017 at 4:15PM

Thanks for the replies.

Just to clear something up, as far as the local council were concerned, I was still living at my parents and paying CT there. The landlord was claiming he was living at the house I was renting, and the CT was in his name. He was living (and still is) with his partner and the rented house is standing empty.

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Pinktavia · 19 April 2017 at 4:18PM

Almost forgot. No safety checks of any kind were done in the whole time I was there.

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macman · 19 April 2017 at 4:21PM

The CT may well have still been in his name, but you were the legal tenant and so the responsibility for paying CT is yours alone I'm afraid. It is your responsibility to register and pay for CT, not the LL's.
If you are identified as the tenant during that period then the council may apply for a summons, a liability order and an attachment of earnings order.
The fact that you may have been contributing to CT at your parents is irrelevant (and they would have paid the same whether you were there or not: CT is a property tax, not a personal tax).
I suggest you check your credit report as a priority: there might be something else that he 'forgot' to pay on your behalf.

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Landlord claiming damages I did not cause

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